McEntee v. Cook

Citations

• 76 Cal. 187
• 18 P. 258
• 1888 Cal. LEXIS 854

Syllabus

<p>State Lands — Affidavit fob Purchase. — Prior to the amendment of March 1, 1885, to section 3495 of the Political Code, an affidavit for the purchase of state land not forming part of a sixteenth or thirty-sixth section was required to state the facts made requisite by section 3500 of the Political Code; and an affidavit which stated the facts made requisite by section 3495 for the purchase of a portion of a sixteenth or thirty-sixth section was insufficient, and gave no right of purchase to the applicant.</p> <p>Id. — Statements in Affidavit. — One seeking to purchase land from the state must state in his affidavit all the facts which the law makes requisite for such a purchase, and failing to do that, his application fails.</p> <p>Id. — Contest to Determine Right of Purchase — Pleadings. — A complaint in an action to determine a contest as to the right to purchase state lands must allege the facts, so that the court may see whether the application was made in due form or not. An allegation that the plaintiff filed his “affidavit and application in due form” is the statement of a mere conclusion, and is insufficient.</p> <p>Id.—Order Overruling Demurrer — Appeal from Judgment.—In such an action, an order overruling a demurrer to the complaint may be reviewed on an appeal from a judgment in favor of the plaintiff, without a bill of exceptions or statement.</p>